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Pakistan Welcomes PCA Clarifications on Indus Waters Treaty Amid India’s Withdrawal
Pakistan takes note of the PCA’s clarifications on the Indus Waters Treaty, calling them “helpful,” while India halts participation. Neutral Expert proceedings to continue in Vienna.
MH
by Muhammad Hashir
2025-11-12
Pakistan Welcomes PCA Clarifications on Indus Waters Treaty Amid India’s Withdrawal

The Foreign Office (FO) of Pakistan has welcomed clarifications issued by the Permanent Court of Arbitration (PCA) in The Hague regarding the Indus Waters Treaty (IWT), describing them as “helpful” for interpreting design elements of India’s proposed hydroelectric projects.

The PCA had originally issued its award on Issues of General Interpretation of the IWT on August 8, 2025. Following a request from Pakistan, the tribunal released clarifications on November 9, focusing on run-of-river hydroelectric plants (HEPs) on the Western rivers and the legal effect of decisions by dispute resolution bodies under the treaty.

Neutral Expert Proceedings to Continue
Pakistan has emphasized its commitment to the Neutral Expert proceedings, which were initiated at India’s request. These proceedings are scheduled to continue in Vienna from 17–21 November 2025, despite India deciding to halt its participation. According to the FO, the Neutral Expert ruled that India’s non-participation does not block the proceedings, allowing them to move forward in good faith.

Key Clarifications

·       The PCA clarified that its decisions on Annexure D, Part 3 HEPs are not limited to freeboard but apply to all components of run-of-river hydroelectric plants.

·       Designs must ensure that water levels in the operating pool cannot be artificially raised above the Full Pondage Level, either initially or through later modifications.

·       Mandatory design criteria apply at the planning stage, not merely through operational commitments post-commissioning.

·       The court also clarified that its reference to the data and information India must share with Pakistan is indicative, not comprehensive.

·       Calculations of pondage for firm power must be based on realistic projections of installed capacity and anticipated load, reflecting daily and weekly turbine discharge variations.

Requests Outside Scope
The PCA declined to clarify certain design specifics, including:

·       Whether crest-gated spillways above Full Pondage Level are prohibited.

·       Whether an ungated spillway must always be included in Annexure D, Part 3 HEPs.

·       How India must determine installed capacity and anticipated load for pondage calculations.

Procedural Order No. 16
The PCA confirmed that it will continue proceedings in a phased manner, considering developments before the Neutral Expert. Both Pakistan and India may request further phases on unresolved matters under the treaty’s dispute resolution procedures.

The FO emphasized Pakistan’s continued participation in the process, while urging India to cooperate in good faith to ensure equitable water management under the IWT.
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PakistanIndiaRelations

PCAA

WaterDispute

IndusWatersTreaty
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